“I am truly grateful that I was pointed to CAVA and that the universe placed us together. Vanessa has always made me feel human in this process and I thank her for her patience and kindness throughout…you are very much appreciated.“
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Many individuals and businesses in South Florida face debt they can no longer manage. Whether it stems from medical bills, credit cards, job loss, or a business downturn, financial pressure can impact every part of your life. You may be dealing with constant calls from collection agencies, pending lawsuits, and not enough income to cover basic expenses. Without legal guidance, these problems can escalate quickly.
A Chapter 7 Bankruptcy lawyer can help you regain control. Filing for Chapter 7 immediately stops most collection efforts and can wipe out unsecured debts. An attorney ensures your documents are accurate, deadlines are met, and available exemptions are applied correctly. Although the process seems simple, each step involves legal consequences that require experienced guidance.
At CAVA Law, we assist individuals and small business owners in Coral Gables with clear, strategic advice. We understand the long-term impact of financial stress and take the time to learn what matters most to you. Our team offers responsive support and personalized solutions tailored to your unique financial situation.
What You Should Know About Chapter 7 Bankruptcy
Chapter 7 bankruptcy is often referred to as “straight” bankruptcy. It is designed to eliminate most types of unsecured debt and provide a fresh financial start. This legal process allows individuals, married couples, and some business entities to discharge eligible debts and stop collection efforts while preserving exempt property. While not every debt can be eliminated, Chapter 7 remains one of the most powerful legal tools for debt relief under U.S. law.
Understanding the Chapter 7 Process
Chapter 7 bankruptcy starts by filing a petition with the federal court, along with schedules that list your income, debts, and assets. Once filed, the court issues an automatic stay that immediately stops most collection actions, including lawsuits, foreclosures, and wage garnishments. A trustee is assigned to review your case and determine whether any non-exempt assets can be used to pay creditors. Most people who file qualify for exemptions that allow them to keep all of their property.
After filing, you must attend a short meeting with the trustee called a 341 meeting. If there are no objections and you complete a debtor education course, your discharge is typically issued within three to six months. This discharge eliminates your obligation to repay most unsecured debts. Our firm ensures the process is completed correctly and efficiently from start to finish.
Who Qualifies for Chapter 7?
Eligibility depends on your income, household size, and the results of the bankruptcy means test. The means test compares your income to the median income for households of your size in Florida. If your income is below the median, you are likely eligible. If your income is above that level, you may still qualify after deducting specific allowed expenses.
Even if you do not qualify for Chapter 7, you may still be eligible for other forms of bankruptcy protection, such as Chapter 13. Our firm can help you evaluate these alternatives if needed.
Debts That Can Be Discharged
Chapter 7 can discharge most unsecured debts, including:
- Credit card balances
- Personal loans
- Medical bills
- Utility arrears
- Business debts
- Past-due rent from previous leases
However, some debts cannot be discharged. These include:
- Recent tax obligations
- Child or spousal support
- Government fines and penalties
- Most student loans, unless hardship criteria are met
Understanding which debts are dischargeable is critical to knowing what relief you can expect from Chapter 7. We explain how the law applies to your specific obligations before any filing occurs.
Protecting Your Property
Many clients worry they will lose everything in Chapter 7, but that is rarely the case. Florida law offers strong exemptions that protect your home, vehicle, personal belongings, and retirement accounts. Most people who file can keep all essential property because their assets fall within these exemption limits. The homestead exemption in Florida is exceptionally generous for those who meet the residency and ownership requirements.
Our role as your Chapter 7 Bankruptcy attorney includes identifying and applying these exemptions correctly. We review your assets carefully to help you keep what matters most. With the proper legal guidance, you can complete the bankruptcy process without unnecessary loss or disruption to your life.
Frequently Asked Questions
Will I lose everything if I file for Chapter 7?
No. Most filers keep all or most of their property through exemptions available under Florida or federal law. We assess your assets before filing and make sure you understand exactly what to expect.
How long does a Chapter 7 bankruptcy case take?
Most cases are completed within three to six months from the filing date. Delays can occur if additional documentation is required, but our office works proactively to prevent unnecessary setbacks.
Can Chapter 7 stop a wage garnishment?
Yes. The automatic stay goes into effect immediately upon filing and will stop most garnishments, collection actions, and lawsuits. This protection remains in place throughout your case.
Can I file Chapter 7 more than once?
Yes, but there are time limits. If you previously received a Chapter 7 discharge, you must wait eight years before filing again. If you previously filed under Chapter 13, the waiting period may differ.
Will filing affect my credit?
Chapter 7 remains on your credit report for up to 10 years, but many people see improvements within months after discharge. Eliminating debt can often be the first step toward rebuilding credit responsibly.
Personalized Legal Help for Your Financial Recovery
If you are struggling with overwhelming debt, constant collection calls, or pending legal action, Chapter 7 may offer the relief you need. Financial stress can affect your health, your job, and your family. Taking action with the proper legal support can give you a real opportunity to reset and rebuild.
At CAVA Law, we focus on helping individuals and businesses in Coral Gables resolve debt issues through strategic legal solutions. We understand the bankruptcy process and use it to protect your assets and secure lasting results. Every case we handle receives the attention it deserves.
Ready to take the next step? Contact our office today to schedule a confidential consultation. We will walk you through your options, explain what to expect, and help you make informed decisions about your financial future.